The Psychiatrist in the Security Clearance Process
Transcription
The Psychiatrist in the Security Clearance Process
Washington Psychiatrist WINTER 2014 Now that we are ringing in the New Year It’s time to Make The Right Choice. Life is full of many choices, but making the right one is easier than you think. You need the level of expertise that can be measured by 40 years of experience writing Psychiatric Medical Malpractice Insurance Policies and providing Risk Management strategies. Why not take advantage of the program offered to you by the most prominent associations, the American Psychiatric Association and the American Academy of Child and Adolescent Psychiatry, who have chosen to be represented by the American Professional Agency, Inc. Superior protection provided by a financially secure carrier rated “A” (Excellent) by A.M. Best Company Allied World Assurance Company Risk Management attorney available 24 hours daily Individual Customer Service provided by our underwriters Telepsychiatry and ECT coverage included Fire Damage Legal Liability and Medical Payment coverage included Interest-Free Quarterly Payments / Credit Cards accepted Claims-Free and New Business discounts available (many other discounts also available) Great low rates and No Surcharge for claims Years in the previous APA-endorsed Psychiatry program count towards tail coverage on our policy American Professional Agency, Inc. www.ApaMalpractice.com (877) 740-1777 n n n n n n n n n n n n n n n n n n n n n n n n n Washington Psychiatrist WINTER 2014 President’s Column • Gary J. Soverow, MD........................................................... 2 Letter from the Editor • Gerald P. Perman, MD, DLFAPA ......................................... 3 WPS Officers Gary Soverow, MD, DLFAPA President Steven Epstein, MD, FAPA President-Elect Avram Mack, MD Past-President Farooq Mohyuddin, MD Secretary Carol Trippitelli, MD Treasurer Published by: Gerald Perman, MD, DLFAPA Editor Patricia H. Troy, CAE Project Management Betsy Earley Graphic Design Anne Benjamin Web Design and Flipbook For advertising sales, contact Debra Mowbray at 410-490-7252 or email at debmow-murph@hotmail.com. Parity Arrives on January 1. Are You Ready? Shannon Hall, Executive Director, DC Behavioral Health Association....................... 4 Security Clearance Investigations and the Practice of Psychiatric Treatment Barry J. Landau, MD. ......................................................................................... 8 The Psychiatrist in the Security Clearance Process Brian Crowley, MD, DLFAPA................................................................................. 11 Ethical Issues in Pediatric Psychiatric Clinical Trials Adelaide Robb, MD........................................................................................... 13 Defense Mechanisms in the 21st Century Jerome S. Blackburn, MD, DFAPA, FACPsa. ........................................................... 16 There is More to the Story: Clinical Experience With TMS Gary Spivack, MD............................................................................................. 21 Save the Date: WPS Calendar of Events................................................. Back Cover . About the Cover Jan Hicks has been a creative person in one form or another for many years. Her first love was creating with her hands—cross stitch, knitting, crochet and then paper scrapbooking. She then discovered digital scrapbooking and everything changed. Through her love for scrapbooking, she discovered a love for photography. She can be found on Fine Art America at http://fineartamerica.com/profiles/janhicks.html?tab=artwork and on Facebook at Jan Hicks Creates, https://www.facebook. com/janhickscreates. Visit her gallery and take a journey of discovery through her eyes. Submit articles and artwork for consideration to enews@dcpsych.org. n n n washington psychiatrist / winter 2014 550M Ritchie Highway, #271 Severna Park, MD 21146 www.dcpsych.org T 202.595.9498 PRESIDENT’S COLUMN I return once more to the topic of dismaying trends that have arisen in our field. This one plagues the rest of medicine as well, but more so in psychiatry because of our rightfully fluid diagnostic boundaries. I will term this problem “diagnostic drift.” By Gary J. Soverow MD, DLFAPA This occurs, I believe, once a powerfully effective treatment is developed for a widespread and debilitating disorder. Once such a serious condition has been successfully brought under good control, there is an understandable tendency to expand the patient population subject to this beneficial intervention. Diagnostic criteria are modified to become more inclusive. This is followed I believe by an unfortunate decrease in the response rate. A more unfortunate result is that patients have then been exposed to more ineffective therapies, suffer from a lack of successful treatment and therefore more unnecessary morbidity, including side effects with no benefits, and interference with return to full functioning. This is the reason, I believe that rates of response and remission of major depressions, bipolar disorder, and even schizophrenia have diminished so radically recently. I see many patients in my office in this quandry. Adjustment in diagnosis, coupled with the corresponding change in somatic treatment often produce remarkable improvement. This is not through magic or a result of any superiority of therapeutic skill. Soon after I finished training, published studies reflected response rates to tricyclic antidepressants in patients with what was then termed endogenous or psychotic depression of at least 60%. In other reports, these rates were over 80%. The efficacy of ECT in these cases was on the order of 85 to 95%. Such numbers apply also to patients with true attention deficit disorders. While I worked at St. Elizabeths on admitting ward, I saw many of the most severe bipolar patients. I never witnessed a manic episode that didn’t respond to antipsychotic medications and lithium. Associated depressive phases were exquisitely sensitive to antidepressants or ECT. Schizophrenic patients were not so fortunate, but many did respond to antipsychotic agents with remision of their episodes. Some of course did not, but were not made worse by inappropriate interventions as I have observed in some outpatients who have come to me for treatment. The reasons for this trend are many and varied. One could always blame our old bete noir, the drug companies, but I think they take their lead from us. They benefit from diagnostic drift in that more medications are prescribed in succession or together. The ineffectiveness doesn’t have a negative effect on profits. Another cause of this problem is, I believe, a result of the push for treatments of shorter duration, in both inpatient and outpatient settings. This means less time is spent by the physician with the patients, making thoughtful diagnosis and therapy difficult, if not impossible. Insurance companies and government agencies continue to encourage further contraction of time and administration of therapy by less thoroughly trained practitioners. Relatives of patients also prefer to hear a diagnosis with a more positive prognosis and some practitioners accommodate them out of sympathy for their distress. This state of affairs is compounded by current trends in the training of psychiatric residents. They may be supervised more by senior psychiatrists who have bought into this thinking because of their own biases, which include reluctance to deal with certain types of patients and to employ some therapeutic modalities, especially psychotherapy. Therefore, I see many patients in my office who suffer from schizophrenia or borderline personality disorders and have been diagnosed as bipolar but not surprisingly have not responded to the traditional and effective treatments for that condition. This is, in my opinion, a serious and ongoing problem, but is amenable to rectification. It will require a change in our thinking and a return to more rigorous diagnostic criteria. This will be opposed, of course, by entrenched interests in our own profession as well as in the insurance industry and in government who are more interested in reducing treatment expenditures without regard to the accompanying costs to our patients and to us. I think it is a battle worth fighting. Our patients deserve nothing less. an e-magazine Gerald P. Perman, MD, DLFAPA Editor Dear WP Readers, In this issue of Washington Psychiatrist you will find timely and informative articles on: • the enactment of the mental health parity law • opposing views about performing security evaluations on patients • ethical considerations when children are asked to participate in clinical trials • defense mechanisms that we are likely to ecounter in our patients in our psychotherapy practices today • a clinician’s report on transcranial magetic stimulation In this and subsequent issues you will find publishing guidelines for Washington Psychiatrist articles. Please email me your articles for consideration for publication in Washington Psychiatrist. Thank you. Cordial regards to all, Gerald P. Perman, M.D. Editor, Washington Psychiatrist washington psychiatrist / winter 2014 Parity Arrives on January 1: Are You Ready? By Ms. Shannon Hall, Executive Director D.C. Behavioral Health Association Introduction Parity is coming to the District of Columbia on January 1, 2014. Parity is the principle that mental health and addiction treatment is treated the same as medical coverage in insurance decision-making. This January, health plans in D.C. will have to expand their coverage of mental health and addiction treatment, and we providers will have to adjust how we collect revenue for our work. Just as insurance companies must alter their coverage, we must change our practice to incorporate more work with insurance. An Evolution of Enforcement Authority We’ve been talking about parity for a long, long time. In 1996, Congress first passed the Mental Health Parity Act. Its provisions were expanded in the Wellstone-Domenici Mental Health Parity & Addiction Equity Act of 2008. Implementation began in 2010, when CMS released interim final regulations, but ground to a halt, when CMS failed to issue final regulations. As a result, key parity terms—like the scope of services—remain undefined in the interim final rule. Parity was also included as a central component of the Patient Protection and Affordable Care Act, otherwise known as Obamacare. The Act creates a greater role for state involvement in the definition and enforcement of parity. The federal government laid out ten “Essential Health Benefits” that most commercial health plans will be required to cover on January 1, 2014. Each state is then required to define this new set of benefits. Every state package of Essential Health Benefits must include mental health and addiction treatment at parity, although each state may create its own definition of parity. As a result, it is now the state—not the federal government—that is now primarily responsible for defining and enforcing parity. The federal government retains primary authority of self-funded, private sector health plans, but state insurance commissioners have authority over all individual, small business and large group plans. Advocacy to educate insurance commissioners about parity and their responsibility to implement it must shift to the state level. Most importantly, states have become the primary enforcers of parity—and we must work to ensure that oversight mechanisms in the District of Columbia are prepared to take up this role. Who Gets Parity in the District of Columbia? On January 1, most D.C. residents with health insurance will be enrolled in a plan required to cover mental health and addiction treatment at parity. Today there are approximately 635,000 D.C. residents, all but 45,000 of whom will have insurance on January 1, 2014. The overwhelming majority of these individuals will, for the first time, be covered by a health plan required to meet parity. This includes Federal employees in federal health benefits; n Employer-funded plans with 50+ employees (large group plans); n Employer-funded plans with fewer than 50 employees (small group plans); n Individual market plans; and n Medicaid managed care programs. n The only health plans in the District of Columbia who will not be required to meet parity are the small number of individuals insured through: Church-sponsored or self-insured plans sponsored by state government; Retiree-only plans; n Individual or small business plans grandfathered in before January 1; and n Medicaid fee-for-service plans. n n Essential Health Benefits in the District of Columbia The District of Columbia has adopted a broad definition of parity in its Essential Health Benefits, which greatly expands the required coverage of behavioral health services by D.C. insurers. Prior to the Exchange, existing D.C. law allowed treatment and day limits in behavioral health coverage (D.C. Code § 31-3100 et seq.). Health plans are currently only required to cover detoxification treatment for 12 days annually, while inpatient substance abuse or mental health treatment is limited to 60 days per benefit period. Meanwhile, outpatient behavioral health services are covered, but only as a fraction of the allowed medical benefit. All of these limits must go away on January 1st. Instead, health plans must now cover “behavioral health inpatient and outpatient services for mental health and substance use disorders without day or visit limitations.” Period. Parity: A Working Definition The working federal definition of parity is that a plan may not apply any financial requirement or treatment limitation to MH/SUD benefits in any classification that is more restrictive than the predominant requirement or limitation for substantially all medical/surgical benefits in the same classification. Parity must be found in all aspects of benefit package. Absent a clear federal definition, many states are being urged to re-examine many insurance decision-making tools in light of parity, including: Copays, coinsurance, and out-of-pocket maximums; Utilization limits and use of care management tools; n Coverage of out-of-network providers; and n Criteria for medical necessity (that also must be shared with beneficiaries and providers). n n The New York State Psychiatric Association has alleged in a lawsuit that United Health violates parity by using “concurrent reviews to prospectively limit and deny benefits for conditions that are, by definition, unpredictable.” Meanwhile, the Connecticut Psychiatric Society has initiated a lawsuit alleging that Anthem violates parity through restrictions on same-day payment restrictions, lower psychiatric reimbursements, and inadequate provider networks. washington psychiatrist / winter 2014 One New Jersey provider called out Aetna’s coverage of inpatient addiction treatment. “Aetna does not wait until someone is in stage four cancer before they treat him or her, nor do they tell a diabetic that has had a relapse, that he or she is not worthy of care; yet the insurance company regularly penalizes those seeking addiction treatment for not being sick enough, or motivated enough,” said the President of Seabrook House. He complained that the health plans disregards American Society of Addiction Medicine Patient Placement Criteria and introduced burdensome authorization processes. None of these cases have yet reached clear resolutions, but they are signs of the behavioral health field’s increasing impatience. The Affordable Care Act’s Essential Health Benefits gives us an exciting opportunity to work the D.C. health officials to define and enforce these questions locally—and we must act to seize this opportunity. You’ve Got to Change Too! Insurers in the District of Columbia will be expanding their coverage of behavioral health services – and that means that we, as a field, must change our practices. Too many of our members tell me that they don’t and won’t participate in commercial or Medicaid managed care programs. Our members, like mental health providers across the country, have traditionally focused their work on people with disabilities—because this was the only population with a robust array of covered mental health services. Health reform and the expansion of parity alters the array of insurance payors available to our field—and we must alter our practices accordingly, even if it requires us to retool our offices, staffing and even our mission. These are transformational times—and we must transform our work. The D.C. Behavioral Health Association has tools to help providers make this shift. We offer in-depth briefings on health reform, technical assistance, and classes on credentialing and paneling with health insurers. Contact us at dcbehavioralhealth@gmail.com to learn more. Do You Want To Help? The D.C. Behavioral Health Association is seeking to interview behavioral health providers who operate in the following insurers’ networks: United, Kaiser Permanente, Aetna, BlueCross, [is this complete list of companies participating in HBX?]. If you are currently an in-network provider for any of these plans and would be willing to participate in 30-minute telephone interview, please contact us at dcbehavioralhealth@gmail.com. Dear District Branch Member, People with mental illness have long faced discrimination in health care through unjust and often illegal barriers to treatment. Today, we congratulate the Obama Administration for taking a significant step toward eliminating these barriers by issuing a Final Rule for the Mental Health Parity and Addiction Equity Act of 2008. The Final Rule presents a crucial action to ensure that our patients receive the benefits they deserve and to which they are entitled under the law. As the APA reviews the Final Rule to understand how it will impact the care of people with mental and substance use disorders, we look forward to learning more about how strong monitoring and enforcement will take place at the state and federal levels. Since passage of the MHPAEA in 2008, the APA has played an active role in advocating for greater access to quality mental health care by: testifying before Congress, participating in White House conferences on mental health, working to hold insurance companies accountable to the law though litigation and assisting those impacted by violations in filing complaints with the Department of Labor, joining and supporting the Parity Implementation Coalition, a group of professional societies and advocacy organizations pressing for full enforcement of the law, and creating and distributing educational materials for providers and employers to better understand the full impact of the law. We ask you to join the APA in remaining vigilant and continuing to work toward true equity for people with mental illnesses and addictions. To report problems with parity or other practice management issues, call the APA Healthcare Systems & Financing HelpLine at (800) 343-4671 or send an email to hsf@psych.org. More information is available at www.psychiatry.org/parity. Follow @APAPsychiatric and #mhparity on Twitter to join the conversation on the final rule. Sincerely, Jeffrey A. Lieberman, MD President, American Psychiatric Association washington psychiatrist / winter 2014 au, MD J. Land By Barry One of the challenges of practicing psychiatry in the Washington, D.C. area is the perennial requests for information pertaining to security clearance investigations. If the request is about a patient already in treatment with him/her, the treating psychiatrist faces pressure from the security investigator whose job it is to obtain all relevant information and who may believe that the treating psychiatrist possess that type of information. Pressure also may come from the patient who needs the clearance for a job that Preceding Page: Kent at very important to him and who feels compelled to waive confidentiality and to direct his therapist to ageis20 in Haiti. provide the Twins security This Page Top: and investigator with whatever information he is asking for. The purpose of this article is to offer a mother conceptual framework for a policy in which the treating psychiatrist would not participate their depressed before treatment. in the evaluative process involved with the security clearance of his/her patient. Middle: Mad woman arriving. Bottom: Trauma Seminar. There are basically two issues that the treating psychiatrist needs to consider when approached by a security officer for information about his patient pertaining to a security clearance investigation: 1. The issue of performing dual roles, that of therapist and that of evaluator for national security risks. 2. The role of confidentiality as a necessary condition that makes psychiatric therapy possible. With regard to the issue of performing dual roles, when the psychiatrist is approached by a security officer, he/she is in essence being asked to perform a psychiatric evaluation on his patient as to whether the patient could be a risk to national security. If this request is about a patient whom one already has in treatment, then to perform such an evaluation is to take on one role—that of evaluator—that is in conflict with another role—that of therapist—which had already been established when the psychiatrist agreed to take on the patient in treatment. The treating psychiatrist’s attempt to provide an evaluative opinion as to the patient’s trustworthiness to protect the nation’s security would risk degrading the treatment, since once the treating psychiatrist has done that, the patient’s communications would likely be skewed so as not to tell the psychiatrist anything that the patient imagines might jeopardize his security clearance. In such a situation, not only is the patient’s best interest served by having the psychiatrist decline to perform such an evaluation. To be useful, any such evaluation of potential security risk must be done without regard to the patient’s needs, interests, or welfare. The therapist’s evaluative opinion would inevitably be compromised because it would be ethically and professionally impossible for him/her to provide such an evaluative opinion without paying at least some attention to the needs of his patient. Further, the treating psychiatrist in all likelihood has not really evaluated his patient as to the question of whether or not he would be a security risk and thus would not have a solid basis for having such an evaluative opinion. Further still, the psychotherapist tries to see things through the patient’s eyes and thus can have a subjectively skewed view of the patient. By contrast, a consultant psychiatrist, seeing the patient explicitly for the purpose of evaluating the risk to national security, will focus on objective data, including the possibility of obtaining corroborative data from sources other than the patient, which the therapist may not be in a position to obtain. Thus, the federal government’s best interest is also served as well, since the evaluative function could then be delegated to another psychiatrist, who does not have therapeutic obligations to the patient, as well as having expertise in performing security risk evaluations. Regarding the issue of confidentiality, one of the clearest, as well as most authoritative, statements about the role of confidentiality in psychotherapy can be found in the United States Supreme Court Jaffee-Redmond case, which in 1996 established an absolute psychotherapist-patient privilege. Not only do the statements in this case represent that of the highest legal authority in the nation. In addition, they also represents a clinical consensus, since all the major national mental health organizations submitted amicus briefs in agreement with each other, which the Court used in developing its opinion in this case. The Court stated, “. . . the mere possibility of disclosure may impede development of the confidential relationship necessary for successful treatment.” In establishing the psychotherapist-patient privilege, the Supreme Court reasoned that, to provide effective psychotherapy, the therapist must be able to promise the patient that all disclosures will be kept confidential. Treatment by a physician for physical ailments can be effective even if confidentiality is broken. The psychotherapist’s work cannot be effective without the assurance of confidentiality. Furthermore, if the psychiatrist discloses, at some later time, information that was originally said to be confidential, then confidentiality in fact never existed. The psychotherapist-patient privilege that was established by the Supreme Court, and described above, is an unconditional one. That means that no matter how relevant for the trial the information from the psychotherapy is deemed to be, the privilege holds and the judge may not over-rule or waive that privilege. Thus, the Justices weighed the potential value of the psychotherapist’s testimony with the value of having confidential psychotherapy available for citizens of the United States and came to the conclusion that confidentiality should prevail. Further still, as is pointed out in the Jaffee-Redmond case, any information the psychiatrist does possess has likely been obtained only on condition of confidentiality. Thus, the Justices conclude that any information kept out of trial because of the psywashington psychiatrist / winter 2014 chotherapist-patient privilege is not really being lost, since it would not exist without the promise of confidentiality. The same reasoning applies to the security investigation. There is a difference between a privilege, which pertains only to information that is requested during a trial, from confidentiality, which is a professional agreement that is implicitly or explicitly promised to the patient by the treating psychiatrist, as a basis for conducting the treatment. However, the reasoning of the Supreme Court Justices in establishing the psychotherapist-patient privilege applies directly to the rationale for maintaining patient confidentiality in the context of a security clearance investigation. In taking the position outlined above, it is important for the psychiatrist to make clear that his declining to provide an evaluative opinion should not in any way be taken pejoratively. It is a position based on the needs of the therapy the psychiatrist is conducting, as well as the acknowledged constraints the psychiatrist would be under if he tried to offer an evaluative opinion. It should not be taken to imply anything negative about the patient. However, the Justices did envision one possible exception: That is, In the event that by-passing the privilege is the only way to prevent imminent harm, the minimum amount of information necessary to prevent imminent harm would need to be disclosed. Of particular interest here, this exception pertains only if disclosing information from the therapy is the only way to prevent imminent harm. Thus, it leaves room for the psychiatrist to exercise his/her professional judgment and expertise. If harm can be prevented by other means, e.g. hospitalization, medication, mobilizing family, community support systems, or in this case, the patient withdrawing his/her application for security clearance, then disclosure would not be necessary. In the event that the psychiatrist really does think that the patient would be a security risk, such a situation presents a dilemma that could challenge the most experienced psychiatrist. The position taken by the Supreme Court justices pertains to imminent harm. However, a security clearance, once granted, can last for months or even years. The treating psychiatrist also needs to take into consideration that the therapeutic relationship may be the most important sources of support for the patient’s optimal mental and emotional functioning. There may really be no thoroughly satisfactory answer to this problem. Ultimately, there is no substitute for a full and thorough evaluation by an independent psychiatric consultant, with expertise in such evaluations. The best role for the treating psychiatrist in such circumstances may be to help the security investigator and the patient to appreciate the fact that, if he has any question, then the best course of action is to have an independent, consulting psychiatrist, with expertise in security evaluations, assess the patient. In conclusion, when the psychiatrist receives a request for information about a patient he/she is treating in the context of a security investigation, the psychiatrist needs to consider the issue of conflicts of interest in trying to perform dual roles (or double agency) of therapist and evaluator, as well as the issue of patient confidentiality as a necessary condition that makes effective psychotherapy possible. While each patient’s individual circumstance is unique, and no one policy can anticipate every possible clinical situation, I hope that the concepts that I have presented above will be of help to the practicing psychiatrist who is trying to maintain patient confidentiality in what can be a very challenging circumstance. I would like to thank Drs. Paul Mosher of Albany and Dr. Norman A. Clemens of Cleveland, Ohio for reading drafts of this article and for helping me think through this complicated issue. However, I take full responsibility for the content of the article 10 The Psychiatrist in the Security Clearance Process By Brian Crowley, MD, DLFAPA Psychiatrists are asked to participate in the security clearance process in either of two ways. First, treating psychiatrists are occasionally asked to give a professional opinion as to whether or not a patient, or former patient, is suitable for a security clearance. The doctor will receive a call or a fax from a federal investigator, usually asking to meet briefly with the doctor, and stating he has a release signed by the patient. Typically only one question is asked: Questionnaire for National Security Positions Does the person under investigation have a condition that could impair his or her judgment, reliability, or ability to properly safeguard classified national security information? q Yes q No If so, describe the nature of the condition and the extent and duration of the impairment or treatment. ______________________________________________________________________ What is the prognosis?______________________________________________________________ Dates of treatment? ________________ Doctor’s Signature _____________________________ If the treating doctor answers that question “No,” that ends the inquiry and supports the patient on his way to obtain (or retain) his clearance. On occasion a psychiatrist refuses to give any reply to this question. That refusal often leads to a prolonged delay in adjudication, during which the patient/employee stays in limbo until the system makes a referral for a current evaluation by another psychiatrist or clinical psychologist. This delay, often lengthy, is a profound disservice to an individual who is able, eager, and competent to work and to safeguard classified information. I think we should answer this question for our patients when asked. Yes, we want to be sure the patient has consented to our giving this opinion, but he/she almost invariably has done so in writing, while looking for a new job, or for advancement in an existing position. Most of the time these are folks who have been working with us in treatment, sincerely trying to improve the quality of their lives and/or reduce symptoms. They are, in my experience, most often earnest, sincere people with a high degree of dedication and patriotism. With a current patient, I make a point always to discuss the inquiry I have received, and my proposed reply, with her/him before I meet with the investigator. (Frequently my patient has told me to expect such an inquiry, and we have already discussed it.) On the other hand, if I am asked about a patient I saw once or twice, eight years ago, with dubious treatment commitment and a then-unstable condition, I say I do know not his/her current status and suggest a more current evaluation. While the form asks for a “yes” or “no” answer, there is absolutely no barrier to writing a brief explanation. If a colleague will not answer that question about a patient he knows well out of fear his answer might prove wrong and he will experience some backlash, he should critique himself for excessive timidity and/or lack of knowledge of how strongly the law supports a doctor using his best judgment in the service of his patients and the community. washington psychiatrist / winter 2014 11 If uncertain how to handle a given inquiry, consultation with an experienced colleague is a very good idea, as it is with other challenging practice situations. In the second scenario, a psychiatrist is asked to perform an independent psychiatric evaluation for an individual he has not met, addressing the issue of eligibility to obtain or to hold a security clearance. The evaluation may be requested either by a government agency or by an individual; in the latter case, he/she is usually represented by an attorney. Such an evaluation should be performed by a psychiatrist with considerable experience working at the interface of psychiatry and the law. While this is a forensic psychiatric procedure, in my view it does not require that the psychiatrist has taken a forensic fellowship – when I started working at the psychiatry/law interface there were no such fellowships – but it does take one who has deep knowledge and appreciation for how the law undergirds all psychiatric practice. The doctor gathers all relevant information to understand the problems and issues presented, reviews the materials, sees the individual (I recommend twice) in the office for personal evaluation, consults with appropriate parties as indicated, and writes a good report. The report need not be long but should be thoughtful, well-crafted, succinct, readable and interesting. In my experience, an 87-page forensic psychiatry report is almost always inferior to one that is five-pages long. If the written report does not resolve the matter, a hearing will likely be scheduled to decide the case. These hearings are usually held in a standard administrative hearing format with attorneys for both sides present. Evidence is introduced, including expert as well as lay witnesses, and the hearing is presided over by an administrative law judge who makes a written ruling. It has been my experience that the individual regularly receives a fair consideration in such a hearing, with ample opportunity to show eligibility to hold a clearance, and where problem conditions are identified and mitigated. In the federal government, the standard is the Adjudicative Guidelines for Determining Eligibility for Access to Classified Information. The Guidelines, promulgated by The White House, have been in use since the 1950s and revised periodically through successive administrations. I find them clear, sensible, and nuanced – facilitating a quality evaluation and report. The guidelines are more concerned with behavior than with formal diagnosis, and speak of “behavior that casts doubt on an individual’s judgment, reliability, or trustworthiness.” “Conditions that could raise a security concern and may be disqualifying” are balanced against “conditions that could mitigate security concerns” in making the judgment to grant or deny a security clearance. Importantly, the Guidelines provide explicitly that “No negative inference concerning the standards in this Guideline may be raised solely on the basis of seeking mental health counseling.” This helps reduce the fear of some that being in treatment is hazardous to their job health. In my long career I have found that this fear has not proven realistic. In fact, it is just the reverse: leaving symptoms of mental disorder unattended to and untreated is hazardous to the person’s standing at work as well as to the rest of his or her functioning in life. Employers generally would rather have an employee who is productive and stable with ongoing treatment rather than an undiagnosed or untreated bundle of behavioral dysfunction. No specific mental health diagnoses, or behaviors, are listed in the Guidelines as automatically disqualifying. An individuals is not deemed a security risk if that person has a psychological or behavioral problem and that condition can be mitigated if “the identified condition is readily controllable with treatment, and the individual has demonstrated ongoing and consistent compliance with the treatment plan,” or there is “a recent opinion by a duly qualified mental health professional employed by, or acceptable to and approved by the U.S. Government, that an individual’s previous condition is under control or in remission, and has a low probability of recurrence or exacerbation.” A number of my patients and former patients have gone on to serve with great credit and satisfaction in significant jobs, after negotiating the security clearance process. On the forensic (evaluative) side, it continues to be interesting, challenging yet rewarding work to conduct these evaluations and to participate in the adjudication process, including the administrative hearings. 12 Ethical Issues in Pediatric Psychiatric Clinical Trials By Adelaide Robb, MD Over the last decade, the number of research trials investigating psychiatric medications for children and adolescents has increased dramatically. Previously pediatric use was based on data from clinical trials in adults (Hoop, 2008). Adults differ from children and adolescents significantly, including physical development, metabolism, effects and side effects (McVoy and Findling, 2009; Laventhal, 2012). It would be naïve to believe that medications are effective and safe for youth simply because they are effective for adults, and it would be irresponsible to act on this assumption. Fortunately, researchers and practitioners acknowledged the paucity of data for psychopharmacological treatments for pediatric psychiatric disorders and have implemented clinical trials designed to provide data (McVoy and Findling, 2009). This research also brings to light ethical concerns with this doubly vulnerable population of children with psychiatric disorders. Researchers must strive to strike a balance between providing the data necessary to treat children and adolescents with psychopharmacological agents and conducting ethical research with this vulnerable population. A population is deemed as “vulnerable” in a research context when it does not possess the full capacity to consent to research participation freely and knowingly and is at risk for being exploited (Hoop, 2008). Children and adolescents, therefore, are considered to be vulnerable research populations since they are not legally able to make decisions for themselves. A psychiatric disorder further reduces this decision-making ability, leaving youth with a psychiatric diagnosis doubly vulnerable. It is the responsibility of researchers and guardians to determine whether it is acceptable for a child to participate in a trial. Federal regulations have been established to ensure that the rights and safety of children are protected during research participation (Laventhal, 2012). The federal government has determined four levels of risk for research protocols. The level of risk of a trial determines the authorizations to be acquired during the informed consent process. Trials under the first level of risk are those that pose no more than minimal risk to the participant, or no more than would be experienced by the patient in daily life. These trials are not required to provide benefit to the participant, and the permission of one parent and the assent of the child (if applicable) must be obtained. In the second level of risk, trials pose greater than minimal risk to the participants, but they also present the prospect of direct benefit to the individual. In these situations, the more-than-miniwashington psychiatrist / winter 2014 13 mal risk is justified by the anticipated benefit to the participant. Therefore, these trials must obtain permission from one parent and the child’s assent to enroll a child in the study, although the child’s lack of assent can be overridden. The third level of risk encompasses studies that pose greater than minimal risk to participants with no prospect of direct benefit to them. Because risk outweighs benefit, permission for participation must be obtained from both parents in addition to the child’s assent. These same requirements must be met by studies that fall under the fourth level of risk, which involves studies that pose greater than a minor increase above minimal risk with no prospect of direct benefit (Chen, 2009; Hoop, 2008; Laventhal, 2012). In order to classify studies under one of the four levels, their potential risks and benefits must be assessed. Pediatric psychiatric clinical trials may offer several potential benefits to participants. Participants may receive direct benefit from being treated with an effective medication or therapy offered in the therapy arm of a study. If patients are randomized to the placebo arm of a randomized controlled trial (RCT), they may not be receiving direct benefit from the drug being tested, but this does not mean that they are receiving no benefit from participating in the study. Many participants in RCTs exhibit a “placebo effect,” or some helpful or therapeutic change in response to administering a placebo (Parellada, 2011; Rutherford, 2011). A participant’s conviction that they are on a medication often improves the symptoms they exhibit. This seems to be especially true for children with depressive disorders, as Parellada et al. observed. In their article on placebo effect and pediatric psychiatric trials, the authors state that “the degree of placebo response (not the drug response) is the single most powerful predictor of drug superiority versus placebo in pediatric antidepressant studies” (Parellada, 2011). Many studies include regular check-up or monitoring visits, which provides the participant with routine care from a psychiatrist. The amount children and adolescents benefit from “therapeutic contact” may be dependent on other variables such as age. Rutherford et al. observed that the benefits of therapeutic contact are positively correlated with patient age in pediatric depression trials. Because participation in pediatric research is time-consuming, clinical trials frequently provide some form of compensation, usually monetary compensation. This sum should never be so excessive as to be potentially coercive by making families choose between participation and a much-needed financial bonus. However, it often provides an additional benefit for participating in a clinical trial. Of course, there are several risks posed by pediatric clinical research. A medication being tested may not be effective, or well tolerated, causing adverse reactions. If confidentiality is breached, a participant’s diagnosis could be revealed to others, and participants may experience stigma or discrimination because of this. Even if the child or adolescent is present for the consent and assent process, he or she may agree to participate without fully understanding the purpose of the research or the risks they are undertaking by participating in the trial. Children and adolescents may feel pressured by their parents or other authority figures to participate without thoroughly understanding what it is they are getting into. This is only one of many ways that child and adolescent research participants can be exploited. Because these hazards exist in this type of research, certain safeguards are built into the research process to ensure that these inherent risks are minimized or eliminated whenever possible. One safeguard is the consent process. This process should “ideally [be] a dynamic process of information sharing between participant or guardian and researcher” rather than merely the signing of a document (Hoop, 2008). The discussion that takes place should help the parents or guardians and the participant make a fully informed decision regarding their participation in the study. Some researchers are concerned that the informed consent process has become overly burdensome and that the documents include too much legal language, making them inappropriate for their audience. Researchers should strive to make the documents and the consent discussion as straightforward as possible to avoid any confusion or misunderstandings. The researcher should use this opportunity to make sure that neither guardians nor participants are under the “therapeutic misconception,” which is when participants believe that they are receiving the same benefits from research as they 14 would from medical care (Chen, 2009). The aims of these lines of work are far from the same; research is conducted to benefit the whole of society by contributing to general scientific knowledge, whereas medical care’s purpose is to benefit a sole individual. Hoop notes that “the desperation and hope experienced by parents of suffering children may make them particularly susceptible to this misconception regarding their children’s research participation” (Hoop, 2008). Therefore, it is even more critical that researchers conducting pediatric psychiatric clinical trials take the time during the informed consent process to ensure that participants and their guardians understand all aspects of their participation in the research. If the child participant is of a certain age and possesses a certain developmental capacity, it is necessary to acquire assent, another safeguard used in pediatric research, during the informed consent process. Assent is a child’s affirmative agreement to participate in research; it is not enough for the child to simply fail to object to participation to say that a child has given their assent (Chen, 2009; Laventhal, 2012). To make sure that a child or adolescent fully understands what providing their assent means, it is critical that they play an equal role in the informed consent process and that the discussion is brought down to a level that they can fully comprehend. To determine whether a child is capable of providing assent, researchers generally follow the “Rule of 7s,” which uses a child’s developmental capacity to determine whether it is necessary to acquire their assent. This rule assumes that children under the age of 7 normally do not have the capacity to assent, that children between the ages of 7 and 14 have the capacity to assent, and that children older than 14 have the capacity to participate in the informed consent process (Chen, 2009). This rule is generally followed when it comes to pediatric research, but the clinical judgment of the researcher interacting with potential participants and enrolling them in a particular trial should still be taken into consideration, as this will help ensure that the participant and their family do what is in their best interests (Chen, 2009). A third safeguard utilized to minimize risks to child and adolescent participants in psychiatric clinical trials is the overseeing of every clinical trial by an outside data safety monitoring board. All research studies, regardless of their topic or procedures, must be approved by an Investigational Review Board before enrolling participants, and federal regulations require some studies that involve highly vulnerable populations (like pediatric psychiatric clinical trials) to have ongoing oversight by specialized committees called data safety and monitoring boards (DSMBs) (Hoop, 2008). These review boards assess each study to ensure that they are ethical and minimize the amount of potential risk posed to participants. These bodies are composed of experts in the topic of the research and others with a variety of perspectives on the research process, and the constituents of a board are autonomous from the researcher and the sponsor of the study to ensure that its decisions are non-biased (Carandang, 2007). DSMBs follow each study under their oversight from protocol design to the end of data analysis, and they have the authority to require a research team to halt study procedures at any point if they have reason to believe that the research has become unethical or more risky than originally planned. Since pediatric participants with psychiatric illnesses are a doubly vulnerable population, some researchers have suggested that certain studies using this population as its subject pool be labeled as “high-risk” according to a particular set of standards and that they be provided an extra layer of oversight (Carandang, 2007). Data safety monitoring boards have been created with the sole intention of providing this protection. Even with these safeguards in place, many concerns still remain regarding the ethics surrounding pediatric psychiatric clinical trials. Even though national regulations have been created to guide ethical practices, it is often noted that different institutions and researchers variably interpret these regulations, making it difficult to guarantee that every research protocol is held to the same ethical standards. Questions arise regarding “mature minors” who are clearly capable of making decisions for themselves, but regulations requiring parental consent may prevent them from participating in research that could provide them with direct benefits (Chen, 2009). Research is constantly branching in new directions (i.e. genetic testing research), and these new directions inevitably raise ethical questions with which the research community has not had to deal (Laventhal, 2012). But these uncertainties should not deter researchers from investigating unexplored topics and ideas, as the benefits generated by novel research have the potential to far outweigh the risks involved. Regardless of whether they are exploring a new frontier or trying to replicate previous findings, researchers must keep the basic tenets of ethical research at the forefront of their research practice. This responsibility is heightened in the case of pediatric psychiatry research, but it should not discourage researchers from exploring the issues that need to be addressed in order to provide the best care possible for children and adolescents with psychiatric disorders. washington psychiatrist / winter 2014 15 Defense Mechanisms in the 21st Century By Jerome S. Blackman, MD, DFAPA, FACPsa This article is a shortened version, reprinted with permission of the editor, of an article published in 2011 Synergy 16 (2):1-7 http://psychiatry.queensu.ca/assets/Synergy/Spring2011.pdf “Defense mechanism” is a common term in the 21st century. Defenses can be found in language, entertainment, humor, and literature. We use defense theory to explain various types of human behavior, thought, and psychopathology. Defenses inform the research of some neuroscientists. We can also use defense theory to refine ideas about supportive and interpretive types of psychotherapy. Defenses in Language, Music, Humor, and Organizations We use the concept of defense in English idioms. For example, we reference specific defenses in expressions such as: “The acorn doesn’t fall far from the tree,” referring to the defense of identification with parents; “He’s a glutton for punishment,” referring to the defense of masochistic provocation—usually to relieve unconscious guilt; “I’m not angry, you are!” referring to the defense of projection; “He’s a pushover!”—the defense of passivity. Denial is mentioned in the country song lyrics, “call me Cleopatra…, Cause I’m the Queen of Denial1,” where the singer observes that her fear of losing love has caused her to (defensively) overlook her lover’s negative character traits. In a more serious vein, Alcoholics Anonymous’s Step 1 involves confronting alcoholics’ denial of addiction2, a defense they had used to avoid shame. Ideas about defense also are used by the Big Brothers3 organization that recognizes the need of fatherless boys to have a kind, honest male with to interact. Once the boy felt attached to a Big Brother, the boy could identify with that 16 man’s value system (superego) and thus be better able to manage (i.e., defend against) delinquent (hostile-destructive) urges. And, of course, it is widely known that physically abused children tend to identify with the aggressor—they may become abusive toward others as a way to avoid feeling angry and afraid regarding their own mistreatment. 4 In literature, Dave Barry, in his new book, I’ll Mature When I’m Dead5, jokes about trying to disentangle “the fivethousand-bulb string of [Christmas tree] lights that has, using its natural defense mechanism, wadded itself into a dense snarl the size of a croquet ball.” (Italics added.) In addition, over 10 rock bands have put out a song called “Defense Mechanism.” So what are Defenses? Brenner (19826) clarified that, clinically, every affect is made up of 1) a sensation + 2) a thought. We then define defense as the mental operation that shuts out of consciousness the sensation (isolation), the thought (repression), or both. Anxiety comprises an unpleasurable sensation plus a thought that loss, bodily harm, punishment, death, disorganization, humiliation, or failure will occur in the future. People with panic attacks experience the unpleasurable sensation, but the thought content is shut out of consciousness (repressed). Depressive affect includes an unpleasurable sensation plus a thought that something terrible has already happened. People who have lost a loved one but who are bottling up their emotions may develop irritability and sleep problems. Typically, we formulate that they are aware of the thought content but not aware of the unpleasurable sensations. What does Neuroscience have to say about Defenses? Just a bit, but encouraging7. Anderson8 has delineated, using fMRI, that affects, generated in the limbic system and hippocampus, are suppressed in the prefrontal cortex. This finding correlates with Brenner’s theory. The Solmses9 indicate the limbic system and the hippocampal gyrus are implicated regarding affects. Reiser (1999) correlated primary process (condensed, symbolic) thinking with findings from neuroscience. 10 The nature of consciousness and unconsciousness is poorly understood brain-wise. Gerald Edelman has studied memory, but not the brain factors related to memory retrieval11 (after being forgotten). Why would anyone use Defenses? Defensive operations can be called up by the mind when the affect generated by reality or by inner conflict is intense. For example, a male patient reported it was “no big deal” when, after a fall, he could not raise one arm up more than parallel to the floor. I confronted his minimization; he then consulted an orthopedist and who performed rotator cuff surgery. A person’s capacity to withstand powerful affects may also be weak (borderline personality). After his wife realized he was cheating on her, for example, a middle-aged man admitted guilt; but within days, he had sex with his girlfriend, and again confessed this to his wife. His therapist pointed out to him that he was provoking punishment (by confessing to his wife) to relieve guilt; and using sexual intercourse with his girlfriend to relieve his pain over giving her up. Finally, an affect may be generated by a symbolic conflict. In sexual inhibitions and phobias, the mind responds to symbolism as though the danger were real. A young married woman, for example, developed an acute phobia of telephones. In treatment, she eventually remembered that after a fight with her husband, her old boyfriend from college had called to ask her out. She had responded that she was married but having problems, and that she would call him back soon. At that moment, she had projected violent and sexual urges onto the telephone, and then avoided the phone to avoid guilt. Once she realized all this, she was able to express her dissatisfactions to her husband. Cinematic Defenses Some movies depict defensive operations in their dramatis personae. Narcissism as a way of avoiding (i.e., defending against) anxiety about emotional closeness is a theme in Eyes Wide Shut (1999), Notting Hill (1999), Jerry Maguire (1996), and Closer (2004). The Lion King involves multiple defenses. The protagonist, Simba, regresses, after his father’s death, by gallivanting around with the warthog and the meerkat, in a “hakuna matata” (no worries) lifestyle, thereby avoiding his guilt and depression over his father’s death. Simba also is punishing himself (by giving up his line to the throne) to relieve guilt over his belief that his disobedience had caused his father to get trampled in a stampede. washington psychiatrist / winter 2014 17 Simba resumes normal development when Nala, his girlfriend, encourages him to save the pride from the hyenas (sets an ego ideal); then, Simba’s father’s ghost admonishes Simba to do his duty (stimulates superego identification with the lost object12). Simba’s aggression is not released from isolation, however, until his uncle, who had actually caused Simba’s father’s death, admits this to Simba during a fight. Upon realizing he is not guilty of patricide, Simba’s guilt is relieved. No longer inhibited by guilt, Simba can now kill his uncle, save the kingdom, marry Nala and give her a baby. His success neurosis is cured. Up in the Air (2010) is a tragedy in which George Clooney’s brief transition to mental health is sadly fleeting. A traveling businessman who idealizes defensive emotional distancing as a lifestyle, Clooney’s value system is modified after a female colleague chides him for avoiding a commitment with Vera Farmiga, with whom he has been having an affair. Finally, after object contact with his older sister, Clooney identifies with his sisters’ values, and drops the distancing in relationships. He is therefore shocked to find, on surprising Vera Farmiga at home, that she is married with children. She was just using Clooney as an “escape,” i.e., a defense against loneliness when she was traveling. He then defends against his disappointment by identifying with the aggressor—after the fact and regressing to more distancing. Defenses and Psychiatric Diagnosis13 Defenses are rarely described in mental status examinations. Most psychiatrists mention deficits in functioning (such as breaks in abstraction, integration, reality testing, and self-preservation), which often require medication. Problems with sustaining close relationships, or “object relations” deficits are sometimes mentioned: weaknesses in capacities for warmth, empathy, trust, and emotional closeness, and stability. These latter patients tend to need “relational” work (Mitchell, 200014). Also, defensive operations are frequently out of the range of people’s awareness. Most nonpsychotic patients complain of symptoms, unpleasant emotional states, and tangled relationship issues. They would like relief or advice. It is quite uncommon for someone to complain of pathological defensive operations initially. One method of locating unconscious defense involves noticing, as a therapist, when you want to ask a question. There are two common reasons for this: 1) the patient is disorganized (integrative deficit)—which requires that you structure the session; or more commonly, 2) the patient is using defenses. If people were not using defenses, you would not need to ask them questions! So when Jennifer, a 34-year-old depressed attorney, complains that her husband never listens, you want to ask, “What do you ask him?” If she hasn’t already told you, likely there’s a defense. So you might say, “It’s interesting that you’re kind of vague on the details there.” You may find that Jennifer had not given the details because she feels guilty that she is so childishly demanding. A therapist who simply expresses understanding of how difficult it is to live with a man who doesn’t listen, a seemingly empathic comment, may have a concordant identification (Racker15), and thereby miss Jennifer’s unconscious conflict between oral demandingness and guilt, which led her to use projective blaming as a defense in complaining about her husband. Finally, we must consider defenses in pathological compromise formations. Compromise Formations Of the many rock bands that have recorded songs entitled, “Defense Mechanism,” State of Being has lyrics that are the most astounding: “…I have not resolved my internal abundance of instinct drives motivation of fantasy is punished by my social state result of the conflict produces anxiety formulating pressure into hate neuroticism engulfs all... defense mechanisms call...”16 It turns out that this is a fairly good description of the concept of compromise formation, first explained by Freud (1926)17, codified by Waelder (1936)18, and refined by Brenner (2006).19 Compromise formations are the end results of inner conflicts containing wishes (dependent, loving, and hostile-destructive); conscience reactions (guilt and 18 shame); perceptions of reality; affects; and defensive measures. The final resolution of these conflicts, when maladaptive, causes psychiatric symptoms and personality problems. So why is John late to every meeting? After ruling out deficits in his reality testing or sense of time, we may find that he wishes to be destructive toward authority, feels guilty about these wishes, hates boring meetings, defensively avoids what he dislikes, and relieves his guilt by getting himself punished. Thus we have one common compromise formation found in the procrastinator. John may also express his wish to be lazy at the same time he gets himself humiliated to relieve shame. In addition, the work group may be symbolic of John’s adolescence, and his lateness represents rebellious/self-punishing reactions he had to his father as a teen (“transference” to the group). If someone just tells John to be on time (a logical first step), it may inflame his procrastination because of the transferences, conflicts, and defensive operations. If so, John will then need an interpretive approach, where the therapist explains how John’s compromise formations are tripping him up. Considering that John can use abstract thinking, he should be able to understand the symbolism of what he is doing. With an intact integrative function, he should be able to make use of his new understandings to reintegrate, and stop “acting out” his conflicts. A Brief History of Defense Defense theory was originated, not surprisingly, by Sigmund Freud (189420). By 190021, Freud named this activity “the censor,” and by 192322, “repression,” which seems to have lasted. Anna Freud made the first list of defenses in 193623. In 1982, Brenner clarified that anything can be used as a defense. The Electrified Mind (Akhtar, 201124) contains many chapters regarding autistic defenses used by teenagers to avoid painful feelings; they can get lost on the internet in such sites as “Second Life,” and “World of Warcraft.”25 Using Defense Theory in Conjunction with Other Therapeutic Approaches When people are anxious or depressed, there are a variety of efficacious therapeutic approaches, including medication, cognitive-behavioral therapy, and dynamic (interpretive) therapy. The set of indications for each, and the exact techniques utilized, are matters of ongoing study and discussion. Sometimes different therapeutic approaches can be used effectively in combination. Sarwer-Foner26 published a textbook about the symbolic implications of medication.27 In recent years, it has become common for psychoanalysts to prescribe (or refer patients for) medication.28 In addition, some cognitive-behavioral therapists have integrated dynamic techniques, such as exploring why patients (defensively) “forget” to do homework. Blatt29 (1992) described defensive causes of depressive affect, such as avoidance of mourning over losses (Volkan30, 1987), or turning anger on the self (Menninger31, 1933) to avoid guilt. If a patient has enough abstraction, integration, reality testing, and self-preservation, interpretation of defenses and conflicts is usually therapeutic. Ironically, as defense theory has been refined32, some psychoanalysts have sidelined the concept, focusing instead on “attachment”33—how the therapist interacts with the person requesting help.1 Some Parting Thoughts The concept of defense starts with the common-sense observation that most people tend to avoid things that are unpleasant unless they, for some reason, cannot do so. We then define defense as a sort of circuit breaker used to guard against unpleasurable affects associated with reality or with unconscious inner conflict. Defenses shut mental contents out of consciousness. When those contents are stored in memory, they can often be retrieved, along with the previously unconscious defenses, during interpretive therapy. Defenses, although present in severe mental illnesses (psychoses and near-psychoses34), are not the cause of such disturbances, and interpretation of them is generally not part of the treatment approach. Defense theory, on the other hand, facilitates diagnosis of people who do not show much deficit in basic mental functions, where highlighting defenses is generally used to help them rethink their problems and reorganize their thoughts and actions. ___________________________ 1 Blackman, J. (2010) washington psychiatrist / winter 2014 19 REFERENCES Tillis, Pam. (1997). Queen of Denial. http://music.barnesandnoble.com/Queen-of-Denial/Pam-Tillis/e/723721412456 (accessed January 9, 2011) 2 Schwartz, A. (2008). Denial of Addiction: A Serious Problem. Alcohol and Substance Abuse. http://www.mentalhelp.net/poc/view_doc.php?type=doc&id=28976 [accessed January 9, 2011] 3 Big Brothers merged with Big Sisters in 1977. http://www.bbbs.org/site/c.9iILI3NGKhK6F/b.5962335/k.BE16/Home.htm (accessed January 2011). 4 These and other defensive operations are defined, with clinical examples in Blackman, J. (2003). See below. 5 Barry, D. (2010). I’ll Mature When I’m Dead: Dave Barry’s Amazing Tales of Adulthood. New York: G.P. Putnam’s Sons. 6 Brenner, C. (1982). The Mind in Conflict. New York: International Universities Press. 7 Berlin, H. and Kock, C. (April 13, 2009). Defense Mechanisms: Neuroscience meets Psychoanalysis. Scientific American http:// www.scientificamerican.com/article.cfm?id=neuroscience-meets-psychoanalysis (accessed January 2011). 8 Baddeley, A. Eysenck, M., and Anderson, M. (2009). Memory. New York: Taylor and Francis, Inc. 9 Solms, K. & Solms, M. (2001). Clinical Studies in Neuro-Psychoanalysis: An Introduction to a Depth Neuropsychology. London: Karnac Books. 10 Reiser, M. (1999). The New neuropsychology of sleep. Neuropsychoanalysis 1:201-206. 11 (2008) Personal communication. 12 Sandler, J. (1960). On the concept superego. Psychoanalytic Study of the Child 15: 128-62. 13 Blackman, J. (2010). Get the Diagnosis Right: Assessment and Treatment Selection for Mental Disorders. New York: Routledge. 14 Mitchell, S. (2000). Juggling paradoxes: commentary on the work of Jessica Benjamin. Studies in Gender and Sexuality 1: (3) 251-269 15 Racker, H. (1953). A contribution to the problem of countertransference. International Journal of Psychoanalysis 34:313-324. 16 http://www.elyrics.net/read/s/state-of-being-lyrics/defense-mechanism-lyrics.html (accessed January 2011). 17 Freud, S. (1926). Inhibitions, Symptoms, and Anxiety. Standard Edition 20: 75-176. 18 Waelder, R. (1936). The principle of multiple function: observations on overdetermination. Psychoanalytic Quarterly 5: 45-62. 19 Brenner, C. (2006). Psychoanalysis: Mind and Meaning. New York: The Psychoanalytic Quarterly. 20 Freud, S. (1894). The neuro-psychoses of defense. Standard Edition 3: 41-61. 21 Freud, S. (1900). The Interpretation of Dreams. Standard Edition 4: ix-627. 22 Freud, S. (1923). The Ego and the Id. Standard Edition 19: 1-66 23 Freud, A. (1936). The Ego and the Mechanisms of Defense. New York: International Universities Press. 24 Akhtar, S., Ed. (February 2011). The Electrified Mind: Development, Psychopathology, and Treatment in the Era of Cell Phones and the Internet. New York: Rowman and Littlefield Publishers, Inc. 25 Blackman, J. (2011). Separation, Sex, Superego, and Skype. In: The Electrified Mind: Development, Psychopathology, and Treatment in the Era of Cell Phones and the Internet. Ed: Akhtar, S. New York: Rowman and Littlefield Publishers, Inc. 26 Sarwer-Foner, G. (1960). The Dynamics of Psychiatric Drug Therapy. Springfield, IL: Charles Thomas. 27 Sarwer-Foner, G. (1989). The psychodynamic action of psychopharmacologic drugs and the target symptom versus the anti-psychotic approach to psychopharmacologic therapy: thirty years later. Psychiatry Journal of the University of Ottawa. 14(1): 268-7. 28 Normand, W. & Bluestone, H. (1986). The use of pharmacotherapy in psychoanalytic treatment. Contemporary Psychoanalysis 22:218-234. 29 Blatt, S. (1992). The differential effect of psychotherapy and psychoanalysis with anaclitic and introjective patients: The Menninger Psychotherapy Project Revisited. Journal of the American Psychoanalytic Association 40:691-724. 30 Volkan, V. (1987). Linking Objects and Linking Phenomena. New York: International Universities Press. 31 Menninger, K. (1933). Psychoanalytic aspects of suicide. International journal of Psychoanalysis 14:376-90. 32 Abend, S., Porder, M., and Willick, M. (1983). Borderline Patients: Psychoanalytic Perspectives. New York: International Universities Press. 33 Bretherton, I. (1992). The origins of attachment theory: John Bowlby and Mary Ainsworth. Developmental Psychology 28:759-775. 34 Marcus, E. (2003). Psychosis and Near Psychosis: Ego Function, Symbol Structure, Treatment. (Revised Second Edition). Madison, CT: International Universities Press. 1 About the Author: Dr. Blackman has authored several books, including 101 Defenses: How the Mind Shields Itself (Routledge, 2003), which has been translated into Chinese, Romanian, and Turkish. He is a Professor of Clinical Psychiatry at Eastern Virginia Medical School in Norfolk, Virginia, and a Training and Supervising Analyst with the Contemporary Freudian Society Psychoanalytic Training Institute in Washington, D.C. He is a Distinguished Fellow of the American Psychiatric Association, and Fellow of the American College of Psychoanalysts. He is in private practice of psychiatry and psychoanalysis in Virginia Beach, VA, USA. Website: http://jeromeblackmanmd.com. Correspondence is welcome at jblackmanmd@aol.com. 20 There is More to the Story: CLINICAL EXPERIENCE WITH TMS By Gary Spivack, M.D. Transcranial Magnetic Stimulation (TMS) refers to a technique for treating depression by focusing a magnetic field on an underactive part of the brain to stimulate its neurons to fire. It has been FDA approved for use in adults 21 years and older who have Major Depression and who have failed one adequate trial of an antidepressant. Clinically, it has been used off label to treat a variety of conditions —depression other than Major Depression, i.e. Bipolar Disorder and Mood Disorder, NOS, as well as anxiety disorders and pain disorders, much like many psychiatric medications such as Cymbalta and other antidepressant medications. Essentially, the theory behind TMS is that there are underactive areas of the brain in depression, e.g. the prefrontal cortex, and that if these areas can be appropriately stimulated then the cycle of depression can be broken. Antidepressants target this chemically through effects on neurotransmission mostly around the neural synapse. These effects however are throughout the brain and the entire body resulting in many unwanted side effects. TMS directly stimulates neurons to discharge and fire and involves only those areas of the brain that are specifically targeted. This accounts for its negligible side effect profile. The physics of TMS is based on the fact that a conductor placed in a magnetic field will result in an electric current being generated. The brain is a conductor and the magnet in the TMS machine provides the magnetic field. It does require a powerful magnet equivalent to the one used in an MRI machine. The next key element is that the magnetic field must be able to be focused on a particular area of the brain. The shape of the TMS coil allows the prefrontal cortex to be targeted. The first TMS session is called the “brain mapping session.” The anatomy of each person’s skull and brain varies enough such that we cannot rely upon anatomical markings of the skull to properly target the prefrontal cortex. washington psychiatrist / winter 2014 21 Fortunately, we are able to find the precise location of the area of the motor cortex that controls the thumb and first finger and this orients us accurately in the treatment. We use single pulses to stimulate this area that is verified by virtue of the thumb and forefinger twitching. We then target the area in front of this by 5.5 cm. Although TMS is indicated when just one adequate trial of an antidepressant has failed, most patients referred have had multiple trials of many different antidepressants, mood stabilizers, etc. over many years along with years of psychotherapy and many have also had ECT. We have primarily treated the most treatment-resistant patients with TMS. We expected that our results would have been worse than the 35% or so response rate seen in trials of TMS used as mono-therapy in patients who failed only one antidepressant. However, as with most situations involving human beings: THERE IS MORE TO THE STORY. Patients generally do not reach our doors with uncomplicated depression that responds easily and well to an antidepressant. There are usually several layers of complicating factors that are interwoven and that lead to vicious cycles from which escape appears impossible. There are often real losses—death, divorce, and geographic moves that have broken social ties—as well as alcohol, drug and medication misuse and abuse. One common scenario involves overwhelming grief that has provoked a depressive episode resulting in drug use, dropping out of school or quitting a job, with further loss of positive social interactions. Our approach to the use of TMS has been to focus on the person who has the treatment resistant depression and to use TMS as part of the whole solution to the treatment resistance. We start with a comprehensive evaluation in an effort to understand the entire biopsychosocial underpinnings of the person’s depression and the whole history of the treatment and the lack of response. We then seek multiple points of intervention. Several case examples will illustrate this pattern. I will then return to some crucial theoretical underpinnings that may explain why our success rate with TMS has been so high. I have borrowed some material from Dr. Robert Post (with his permission) and who performed some of the seminal research on TMS at NIMH. Dr. Post co-presented with me at the Spring Symposium. Case 1 Mrs. X called to ask about TMS and set up an appointment for her daughter, Mary, who was living at home and attending a local university after having withdrawn on medical leave from a top ten university. Mary came to the first appointment herself. Mary talked about having just stopped her therapy with her psychiatrist over a dispute around stopping daily marijuana use. The treatment was at an impasse, yet she wanted to get better. She was stuck in grief over her brother’s death three years earlier. She has lost weight due to diminished appetite. She had been treated most recently with an antipsychotic and tricyclic and took sertraline and other SSRIs in the past. She wanted relief from her depression in order to be able to stop smoking marijuana. The diagnosis was MDD, Grief Reaction, and Marijuana Abuse. She also had IBS and migraine headaches. Our strategy was to use the TMS to give relief of depressive symptoms while we worked with her in psychotherapy to enable the grieving process. Over the course of eight weeks, she completely stopped all drug use, she was able to grieve the death of her brother, she kicked out her drug-abusing boyfriend who had been living with her, and she planned to return to school. Six months later she returned to her top ten university. Case 2 Carmen, a 21 y/o female, is a senior in high school and living with her divorced mother. A pain medicine clinic referred her for treatment of severe depression. She was suicidal in part because of intractable pain. She was first treated on an inpatient unit and received TMS in a partial hospital program. She was hospitalized five times the past year, mostly for suicidal ideation and urges that had become overwhelming. I had treated her younger brother for a severe mood disorder. She could not enroll in a pain rehab program until her depression was more stable but her depression would not improve until the pain eased. Suicidality got worse on antidepressants, which were also used to treat her severe pain. She was regressed to the point of sleeping in her mother’s bed. She had difficulty at first tolerating the TMS due to local scalp discomfort as the magnet pulsed. The power of the pulse had to be diminished and was then gradually increased. Several sessions also had to be interrupted because of vomiting from her IBS or she did show up due to her migraine headaches. However as the treatment progressed her 22 mood became euthymic for the first time in years along with a marked decrease in pain and need for pain medication. She began to make plans to go out with friends and she began to look forward to college. She moved back into her own bedroom, was able to be discharged from PHP, and she followed physical therapy rehab for her fibromyalgia that allowed her to lose weight. Case 3 Mrs. Z called about her 19 year old daughter who had dropped out of the religious-affiliated school that she loved both appeared together for the consultation. Her daughter had a history of intense anxiety beginning in the 5th grade and ADD was diagnosed in the 9th grade along with the onset of sever depressions. In the past year she also experienced the onset of mania. The patient had been diagnosed with IBS and fibromyalgia and was taking several medications for pain including Lyrica (which caused a 50 lb. weight gain) and high dose Tylenol. She was on Topamax for migraine prevention. She had been treated with medications for many years by the same psychiatrist and she was in psychotherapy with a social worker. When she was referred to us, she had been on multiple medications and she was taking a mood stabilizer, an antipsychotic medication, an antidepressant, Deplin, etc. She became hyper-religious when manic. She felt that a male peer stalked her. She loved her experience at this school and felt that leaving it was an irreparable loss. Her father, who also had bipolar disorder, had recently died, as did her grandfather to whom she was also close. Her mother had made several suicide attempts. Following a course of TMS this young woman achieved a total remission that included her ability to use her high IQ at a new university. Her mother was so impressed by the results that she wanted TMS for her own depression. Interestingly, the mother’s results were just as good. She got back to her own very high level of occupational functioning. Each of the above patients had extensive prior treatments involving both psychotherapy and medication—yet was unable to emerge from the severe depression they were experiencing. We believe that TMS played a dual role in helping them achieve remission through its direct effect on the depressive symptoms themselves and by opening up a reconsolidation window that allowed the psychotherapy to be more effective. Traditional theory holds that once a memory has been consolidated, i.e., placed into long-term storage, it exists as a permanent trace. According to this view, the most one can hope for therapeutically would be to inhibit the memory’s expression through a mechanism such as extinction, but this inhibition is fragile, and the associated distress and arousal may return. Ample evidence suggests that reactivating a consolidated memory returns it to a labile state, during which the memory is again susceptible to interference. This window of opportunity appears to open shortly after reactivation and to close approximately six hours later although this may vary depending on the strength and age of the memory. By allowing new information to become incorporated into the original memory trace, this memory may be updated as it reconsolidates. We believe that the inability to rework key memories underlies some of the treatment resistance and that delivering psychotherapy during the TMS procedure opens a reconsolidation window that allows the memories to be altered by the therapy. This results in the patients being able to make progress in areas of their lives that were dysfunctional and that maintained the depression. The crucial point is that when memories are recalled, there is a short window of time during which they can be altered and TMS may enhance this process. Essentially, we are enhancing the efficacy of therapeutic interventions by pairing TMS temporally with the psychotherapeutic intervention. I do not underestimate the effect of the intense interpersonal connections formed during the treatment between the patients and our psychiatric nurses who administer the TMS and provide the psychotherapeutic interactions. Not surprisingly, for such an intense treatment, we have also had to carefully manage many transferential and countertransferential issues that have arisen during the TMS treatment. We have had several surprising scenarios in which patients have been able to grieve losses that had bedeviled them for years, to stop massive illegal drug use, and to give up addictive self-injurious behaviors such as cutting and burning. Our experience has shown us that TMS, through its direct effect upon depression and its ability to open the reconsolidation window, offers new hope to a whole group of patients for whom current treatment options have not worked. 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